November 04, 2017

A recent arrest in Polk County, Florida has caught the national media attention as a woman was arrested for DUI while riding her horse. Our office has received numerous questions about the legitimacy of this arrest. While it is certainly dangerous to ride a horse while under the influence of alcohol or controlled substances, it is our belief that the Polk County State Attorney’s Office will be unable to secure a conviction under the circumstances of this case.

Unpacking the DUI Law

Florida Statute § 316.193 (1)(a)-(c) provides that A person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Florida Statute § 316.003(97) defines “Vehicle” as “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices and devices used exclusively upon stationary rails or tracks.”

The word “device” is not defined in the Florida statutes. In the Missouri case of State v. Blackstone, 115 Mo. 424, 22 S. W. 370, the court defined device as “An Invention or contrivance; any result of design; as in the phrase ‘gambling device,’ which means a machine or contrivance of any kind for the playing of an unlawful game of chance or hazard.” The Merriam-Webster dictionary defines “device” as “a thing made or adapted for a particular purpose, especially a piece of mechanical or electronic equipment.”

Riding a Horse is the Equivalent of Walking Under Florida Law

Setting aside the rhetoric of interpreting whether a horse is a “device,” the Polk County State Attorney’s Office need only look at Florida Statute § 316.073. This statute specifically addresses the applicability of the “Motor Vehicle” laws contained in Chapter 316 to animals and animal-drawn vehicles. It provides that “Every person driving an animal-drawn vehicle upon a roadway is subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions of this chapter which by their nature can have no application. The provisions of this chapter applicable to pedestrians, with the exception of s. 316.130(3), apply to any person riding or leading an animal upon a roadway or the shoulder thereof.”

Thus, under our analysis of this arrest, the Defendant should not have been arrested for Driving Under the Influence because she was physically riding “on” the horse. Had the Defendant been riding in a carriage behind the animal, that would be a “horse of a different color.”

If you are arrested for a DUI , we can help!

The DUI defense attorneys in our office are former state prosecutors and have nearly 25 years of experience representing individuals arrested for a DUI charge. We limit our practice to only DUI and Criminal Defense and only in Pinellas County.

Call our office today and schedule a free consultation to discuss the unique facts and circumstances of your case with an experienced DUI lawyer.